Passed Exam On 'Thoughts Of Mahatma Gandhi', Not Let Out During Covid-19: Bombay High Court Reduces POCSO Convict's Life Sentence To 12 Yrs

Upholding a man's conviction for subjecting a minor girl to oral sex, the Bombay High Court recently reduced his life sentence to 12 years after noting that while in jail, the man 'successfully' passed exams on 'thoughts of Mahatma Gandhi' besides other programmes and also the fact that he had no other antecedents. A division bench of Justice Sarang Kotwal and Justice Sandesh Patil reduced the life sentence imposed on one Kalamuddin Mohammad Isteyar Ansari alias Koail, who was convicted by a special court under Section 6 of the Protection Of Children from Sexual Offences (POCSO) Act in December 2020. While doing so, the bench noted that the appellant appeared in various exams including one on the 'analysis of books' certified by Tilak Maharashtra Vidyapeeth, Pune and another certificate was issued by Ramchandra Pratishthan Mumbai, whereby it is certified that the Accused had participated in 'Essay Competition.'"...the third certificate is issued by Mumbai Sarvodaya Mandal for studying the thoughts of Mahatma Gandhi, where he had successfully participated and passed the examination. All these factors considered cumulatively, would make us show some leniency towards him for the sentencing part," the judges held in the order passed on February 2.Besides these certificates, the judges also took into account the fact that the appellant was in jail even during Covid19 pandemic and was not let out on the 'emergency parole' then. "We, however, note that the Accused was only 20 years of age, at the time, when the offence had taken place. The said fact is reflected in the FIR. It is also important to note that the Accused was not released on bail, even during Covid-19. He is continuously in custody since the date of his arrest from December 2016, i.e. for more than nine years. There are no criminal antecedents against the Accused," the judges considered. The bench therefore reduced his life time imprisonment, saying, "However, taking into consideration the gravity of the offence, we are imposing the sentence which is more than the minimum sentence of ten years. In our opinion, the sentence of twelve years would meet the ends of justice."As regards the merits of the case, which dated back to December 9, 2016, when the appellant forced the girl into oral sex at the time when she had been to his house for filling water from their tap. When he forced the victim to take his private part in her mouth, she returned her home, frightened and narrated everything to her mother, who immediately confronted the appellant but he fled from the spot. The victim's mother, subsequently got the FIR lodged against the appellant and he was arrested. The judges, rejected the appellant's argument that the victim may have been 'tutored' by her parents to testify against him and implicate him in such an offence to settle scores. "It is very unlikely that a small girl of five years would have any grudge against the Accused, or would concoct a false story of this nature. The statement of the victim as well as her mother appear to be quite natural. They immediately went to the Police Station and the statement was lodged. The victim was a minor girl of five years at that relevant point of time, when the incident occurred. She was eight years, when she had entered into witness box. The evidence recorded clearly shows that she had narrated the facts very clearly and without any tutoring. We therefore, find that the Prosecution had proved their case, beyond reasonable doubt, as far as offences under Section 376 of IPC and Section 6 of the POCSO Act, are concerned," the judges maintained. However, considering the facts like Appellant clearing various certificate programmes while in prison, him having no antecedents etc, the judges while maintaining the appellant's conviction, ordered, "The set off for the period of detention already undergone during pendency of trial by the Accused be given to him under Section 428 of the Criminal Procedure Code."With these observations, the bench disposed of the appeal. Appearance:Advocates OP Lalwani, Kunda Gaikwad, Gypson John, Suraj Kunchikorve, Riya John and Rajesh Sakhare appeared for the Appellant.Additional Public Prosecutor Kranti Hiwrale represented the State.Advocate Shraddha Sawant was appointed to represent the Victim.Case Title: Kalamuddin Mohammad Isteyar Ansari alias Koail (Criminal Appeal 315 of 2023)Citation: 2026 LiveLaw (Bom) 61Click Here To Read/Download Judgment

Passed Exam On 'Thoughts Of Mahatma Gandhi', Not Let Out During Covid-19: Bombay High Court Reduces POCSO Convict's Life Sentence To 12 Yrs

Narsi Benwal

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